Taking ME to court? please help!

TonyMMM

madbadrob wrote: »

First you were not an executor as your mother died intestate you were in fact the administrator. As such your duties are to dispose of all your mothers debts out of the estate and then dispose of any residue [STRIKE]as you feel your mother would have wished[/STRIKE]. In reality that is to you.


Rob

...dispose of any residue according the laws of intestacy, no "wishes" come into it.

spacey2012

It wont be the last you hear of it, you should still move ahead and file a defence against the claim, otherwise a default judgement will be entered and you will owe the money.
However until you answer the very important question on if you have any house insurance with legal cover we can not direct you on a good defence.
You may be able to claim for harassment in return as well.

sootica1976

Spacey, no I don't have any house insurance with legal cover. Can't she stop the court proceedings?

getmore4less

sootica1976 wrote: »

Spacey, no I don't have any house insurance with legal cover. Can't she stop the court proceedings?

She can, but if she does not and you do nothing then it could come back.

spacey2012

You have to act in a timely manner until you receive a letter from the court itself instructing you it has been withdrawn.
I would not trust anyone, the agent or the person making the claim.
If you log in with the number you have it gives you some options.
You need to select defend whole case, read this https://www.gov.uk/respond-to-court-claim-for-money/overview
fill in the response pack but ask for more time
This buys time, then start putting a defence together, which will be based upon You have no contract with the landlord.
The person that did is deceased.
Start making a list of what money she left and where it has gone and to pay who.
get all letters she has sent together in a file
find the one that says "letter before action"
if you can not find this as she never sent one, that is good.
But for now respond.
It will not just go away, do nothing and you will get a judgement and bailiffs will attend .
Once they get notice the case is to be defended they may throw it in then.

sootica1976

Thanks for the responses, I went online and filled it out saying I was going to defend the whole case and that I needed more time, so now what happens next? I will begin to make a list. Thanks for your help, it is so appreciated!

ValHaller

This needs proper legal advice - I suggest applying to have the case struck out on the grounds that it should be against the estate of the late .... rather than against the administrator personally.

This moves any possible ccj one step further from home. You still need to prepare a defence in case applying to have the case struck out is not upheld or to address the case when it is brought against the administrators.

spacey2012

They are several complicated issues around this and a good defence is going to need sight of all the documents.
The Citizens Advice may be able to offer a free consultation and help you defend the case or failing this a local solicitor should be able to fill in the defence form within an hour .
As the deposit is in dispute and now she appears to be coming back for more, I would suggest that you call the bond holders as administrate and have the payment stopped to the landlord.
Request the deposit is returned to the account of the deceased

The Landlord wants cake and eat it.
They will bet what's left, which will be nothing if they bring a legal case as legal fees come first.

madbadrob

TonyMMM wrote: »

...dispose of any residue according the laws of intestacy, no "wishes" come into it.

Yes my post was not clear enough. As the OP is the only entitled heir the estate is for her and her alone so she can dispose of the estate as she so wishes or as I said how she thought her mother would want to see the estate disposed of.

madbadrob

spacey2012 wrote: »

They are several complicated issues around this and a good defence is going to need sight of all the documents.
The Citizens Advice may be able to offer a free consultation and help you defend the case or failing this a local solicitor should be able to fill in the defence form within an hour .
As the deposit is in dispute and now she appears to be coming back for more, I would suggest that you call the bond holders as administrate and have the payment stopped to the landlord.
Request the deposit is returned to the account of the deceased

The Landlord wants cake and eat it.
They will bet what's left, which will be nothing if they bring a legal case as legal fees come first.

Unfortunately it doesnt work like that. The bonds company can only return it to the estate if the landlord does not object. If the landlord objects the bonds company then send out a valuer to look at the cost of making good any damages and then pays the landlord those fees. Once that is done then they would return to the estate the residue.

Rob